Summary Judgement Experience.
The following events happened in September of 2005. The notes were circulated privately, and I’m now posting them here to reach a wider audience, with the understanding that as always, the notes remain private and are not any form of legal advice. I have included bits of humor (supposed) in an effort to keep with a positive theme that is much needed in this field of studying law…whereby we’re often trampled by the powers that be whom will not follow even their own laws. I remain available to help others as always.
I wanted to see if I could pull off this court appearance on my own, without bouncing ideas off Fubar, Mike or Geo. We’re all always so busy, so I handled it on my own. I now know where some of my mistakes where, and I’m pissed at myself for making them because I know better. Regardless, it was a relatively good learning experience, and to this day, mid-March 2006, the opposing attorney has NOT sent me the signed Order that the judge promised. I wonder why…And I encourage you to wonder for yourself.
(Mid Sept 2005):
I had a court appearance this morning with a collection attorney (the scumbags “Slamowitz” with all their fraud/fake summonses, etc) attempting to get a summary judgment for an alleged debt I incurred back in ’97. I went to court for the experience this time, as they’ll never get anything off me even tho they won. I’m so off-the-books that it was a waste of their time/effort.
The Plaintiff did not show up, of course.
The judge immediately tried to throw me off into his issue of “are you disputing the amount owed” for which I responded “I am questioning the validity of the debt” which existed in writing as an exhibit of correspondence between the plaintiff and I as their own exhibit. The judge tried to suggest that at no time did I dispute anything, to which I referred him to my paperwork which he then read, and continued:
“This doesn’t reference you disputing the debt” to which I responded “Your honor, I am questioning the validity of the debt.” (I now wish I’d said “ALLEGED” debt, and was pissed at myself for not incorporating this in).
This questioning went back and fourth four times, he kept asking me “are you disputing the amount you owe” to which I said back four times, the last time of which thinking hard about how it may effect me, and stayed with “your honor, as per the exhibit, I am questioning the validity of the debt.” He finally got off that point. He was neither hostile nor friendly, and seemed almost curious about what I was doing/where I was going and realized I wasn’t budging on this issue.
To make a long story short, I was in front of about 25 other people in line (on the benches behind me, wondering how much time of theirs I was going to take up I’m sure) and told the judge that I needed to question the person who wrote the affidavit making claims. I told the judge the plaintiff wasn’t even present, and therefore has defaulted. The judge looked at my paperwork whereby I challenged the validity and still awarded judgement against me. I told the judge I had a right to question the person who wrote the afffidavit, that facts were still in dispute….and he rolled over on me anyway; awarding Summary Judgement.
I told him “I do not consent to this judgment, as I am being denied due process. There are unanswered issues of fact that remain and the Plaintiff hasn’t even shown up, whereby they have defaulted.”
Judge said “I’ll note your objection.”
“I haven’t objected your honor. I said I do not *consent* to your judgement.”
He said “regardless I’m issuing summary judgement for full amount plus $600 attorney fees.”
I decided to experiment, and I said “I do not consent, and let the record show that there remains issues of fact still in dispute and that therefore this judgment is entirely void.”
There was a pause; the judge looked at me with semi-surprise on his face, and kept a reasonable, low demeanor.
The judge then sent the bailiff over next to me.
(“Great, I’m going to jail now” I thought. And I had an important lunch meeting that day and had to turn off my computer’s lesbian porno downloads before mom got home.)
(Joke)
Anyway, bailiff standing right next to me, we continued.
Judge: “Your comment is noted, but I’m awarding summary judgment.”
Me: “I’ll need that order in writing and signed by you immediately your honor.”
He hesitated again, then said he’d write it up and send it to the plaintiff later.
I politely demanded again, “your honor, I need that order in writing now and signed by you.”
He said “this matter is concluded,” and I repeated “I do not consent” at which point the bailiff, a real asshole who I’ve interacted with before in eviction matters, took me by the arm and escorted me out.
At this point, I resisted his hand on my arm, and began thrashing violently. They got four other bailiffs on top of me and wrestled me to the ground, then carried me out kicking and screaming in mad defiance to the system and all at the awe and astonishment of the courtroom spectators. The bailiff/guards then each grabbed an arm and a leg, and after a few heev-hos, tossed me head first out the revolving doors, which didn’t revolve, as my head crashed thru them forehead-first out onto the cold, miserable, Rochester city sidewalk.
An old woman spat on me.
(joking. am I entertaining anyone at all here, or just myself?).
So the bailiff escorted me out, I thanked the other bailiff who was a helpful young kid; he seemed suprised by the way I handled myself, as if thinking “I can’t beleive you just did that, and I’m not sure I like you,” but he was not hostile like this other guy was; he was just a kid. I make a point to befriend any/all officers/clerks I interact with. It’s hugely helpful.
I went to the clerk’s office and told my friend who works there what happened. He said because the attorney’s notice required that I respond in 7 days to anything about the affidavit, that I lost my chance because of that…that because the Notice/Motion was all in writing, *I* needed to respond in writing as well. I’m pissed at myself because normally I ALWAYS do this anyway. I made the assumption I could correct this error in court, on a record, and I thought that opportunity was just about there with this judge. But he wouldn’t go beyond what he drilled me on above.
So I “lost,” but I know what I did wrong…SORTA. I’m not convinced what the clerk told me was correct, but I respect his opinion; he’s pretty well versed on procedure, and we’ve known each other about five years now for various eviction stuff I’ve had to do. This was my first time with anything like this, only the second time in my life I’ve been a defendant. It kinda sucks being a defendant. I doh like-it.
Anyway, I “lost,” but it was no big deal. A learning experience that I learned from. Pursue a void? I’m already trying to acquire a transcript.
Take Care all……..See ya Saturday. I’ll explain anymore that I can recall on Saturday if there’s any interest, but that’s pretty much the whole story. Had to write it down or I’d never remember it……………..Tim
P.S. They would not allow me to bring in my digital audio recorder. I was going to hide it in my pocket thinking the alarm wouldn’t go off, but then I assumed they’d just let it in. They wouldn’t. Next time, it’ll be in my pocket.
